the 'real' story so far and plan of action , page-22

From the court case of 18 November 2008:

[6] The following facts, circumstances and dates are relevant:

6.1 It is common cause that the community has been entitled to occupation of Nooitverwacht for more than a century. As for Eerstegeluk it was still, in terms of a Government Notice No. R 9 of the then Lebowa Government, defined to fall within the area of jurisdiction Roka-Pasha Phokwane Local Government. There was however a recommendation that it was to be restored to the Bengwenyama-ye-Maswati community.

6.2 It is not in dispute that the community fits the definition of a community in terms of section 1 of the Act and apart from the factual situation that Eerstegeluk still falls within the jurisdiction of the Roka Pasha Phokwane Local Government, the community?s claim to the right to become owner of the properties and its interest in respect of the possible exploitation of the mineral rights, are not in dispute.

From the court case of 31 March 2010:

[12] The third issue concerns an alleged failure by Genorah to consult with the community, as owners or occupiers of the farms Eerstegeluk and Nooitverwacht, in accordance with the provisions of s 16(4). Whilst Genorah submitted to the Deputy Director-General a document indicating that consultation with the Bengwenyama community of Nooitverwacht, through its leader, Kgoshi Nkosi, took place, it was contended on behalf of the appellants, that such consultation had neither been appropriate nor meaningful. As to the farm Eerstegeluk, it was submitted that although the community with which Genorah consulted had informed the latter that the Bengwenyama community occupied Eerstegeluk, Genorah failed to consult the latter community.